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JONAS KPAKPO ALLOTEY V. THE REPUBLIC

(2013) JELR 68617 (CA)

Court of Appeal  •  CRIMINAL MOTION NO.: H3/50/2013  •  9 Dec 2013  •  Ghana

Coram
KUSI-APPIAH J.A. (PRESIDING), OFOE J.A., TORKORNOO (MRS.) J.A.

Judgement

KUSI-APPIAH, J.A.

This is an application for bail pending trial of the applicant who is accused of, and charged with, the murder and robbery of one Emmanuel Kwesi Ayeh (deceased) with one Emmanuel Kwabena Asare Ayeh alias K.B. and who are now appearing before the James Town District Court, Accra.

In the affidavit accompanying the application for bail, the deponent, who claims to have the authority of the applicant to depose to the facts contained in the affidavit, stated in relevant terms as follows: The applicant has been in custody for 5 years 6 months without trial and that the continued detention of the applicant is unjustified and is against express provision of the law and therefore wrongful. The deponent’s firm belief was that the applicant was in no way connected with the murder and robbery of one Emmanuel Kwesi Ayeh, a belief confirmed by confession statement of his accomplice. He however, admitted permitting his said friend Emmanuel Kwabena Asare Ayeh alias K.B. to stay with h…

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